Misbehaviour - Definition - Law Dictionary Home Dictionary Definition misbehaviour

Definition :

Misbehaviour, Word 'misbehaviour' used in cl. 2 of Inquiries Act is not vague; it would certainly mean a lapse from proper standard of conduct in discharge of functions as a government servant. Every dishonest act of government servant amounts to 'misbehaviour', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 204. (Inquires Act, Cl. 2)

The word 'misbehaviour' is a vague and elastic word and embraces within its sweep different facets of conducts as opposed to good conduct. Literally, it means wrong conduct or improper conduct. It has to by construed with reference to the subject-matter and the context wherein the term occurs having regard to the scope of the Act or the statute under consideration. In the context of disciplinary proceedings against a solicitor, the word misconduct was construed as professional misconduct extending to conduct 'which shows him to be unworthy member of the legal profession', C. Ravichandra Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457 (474). (Constitution of India, Article 124)

Includes criminal misconduct defend in s. 5(1) of P.C. Act, 1947, I.C. Veeraswami v. Union of India, (1993) 3 SCC 655.